Carlson v. Bos

I concur in the result which remands this case to the trial court to determine whether *1280the plaintiff exercised diligence in ascertaining the last known address of Bos.

It is well established that a state may, as a condition precedent to the use of its highways by a nonresident motorist or by a resident motorist who later departs from the state, enact a statute providing that such motorist consents to the appointment of a state official as his agent for the acceptance of service of process in actions arising out of the operation of his motor vehicle within that state. The right of the state to…